Code: Section 161 BNSS
161. (1) If a Magistrate making an order under Section 152 BNSS considers that immediate measures should be taken to prevent imminent danger or injury of a serious kind to the public, he may issue such an injunction to the person against whom the order was made, as is required to obviate or prevent such danger or injury pending the determination of the matter.
(2) In default of such person forthwith obeying such injunction, the Magistrate may himself use, or cause to be used, such means as he thinks fit to obviate such danger or to prevent such injury.
(3) No suit shall lie in respect of anything done in good faith by a Magistrate under this section.
Explanation of Section 161 BNSS
Section 161 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 grants a Magistrate the power to issue an injunction when an immediate measure is needed to prevent a serious public danger or injury. This provision ensures quick action in urgent situations where waiting for a full inquiry could cause harm.
Key Provisions
- Issuance of Injunction: If a Magistrate believes that a delay in action could result in a serious public danger, he may immediately issue an injunction to prevent it.
- Use of Force if Necessary: If the concerned individual does not comply with the injunction, the Magistrate has the authority to take necessary steps, including using force, to prevent the danger.
- Legal Protection: No civil suit can be filed against a Magistrate for any actions taken in good faith under this section.
This section strengthens public safety by allowing preemptive legal action before an inquiry concludes.
Illustration
Example 1: Construction Hazard
A builder starts constructing an illegal high-rise building dangerously close to a power line. The Magistrate, under Section 152 BNSS, issues a notice to halt construction. However, since the risk is imminent, he invokes Section 161 BNSS to immediately injunct the builder from continuing work. If the builder does not comply, the Magistrate may order demolition of the illegal structure to prevent danger.
Example 2: Pollution Emergency
A factory starts dumping toxic waste into a nearby river, threatening the local water supply. The Magistrate, under Section 161 BNSS, issues an injunction ordering the factory to stop operations immediately. If the factory does not comply, the Magistrate can shut down the facility or seize machinery to prevent further damage.
Common Questions and Answers on Section 161 BNSS
When can a Magistrate issue an injunction under Section 161 BNSS?
A Magistrate can issue an injunction if he believes that an urgent measure is required to prevent serious danger or injury to the public before a full inquiry is completed.
What happens if the person disobeys the injunction?
If the individual does not comply, the Magistrate has the power to take direct action to remove the danger, including using force if necessary.
Can the person challenge the injunction?
The person can appeal against the order, but the injunction remains in effect until a decision is made.
Is the Magistrate protected from lawsuits under this section?
Yes, no civil suit can be filed against a Magistrate for actions taken in good faith under Section 161 BNSS.
Conclusion
Section 161 BNSS provides a powerful legal tool for Magistrates to act swiftly in urgent situations where a delay could cause significant harm. By allowing immediate injunctions and enforcement measures, this provision ensures public safety and law enforcement effectiveness.
For more legal insights, visit ApniLaw today!
